Additional convention themes

Gender Perspective

Violence against women and domestic violence cannot be addressed without
looking at gender equality issues. Women may be subjected to violence because of
their gender. Certain types of violence, in particular domestic violence, affect
women disproportionately.

Consequently, the convention frames the eradication of violence against women
and domestic violence in a context of achieving de jure and de facto equality.
Its Preamble recognises the structural nature of such violence, which is both a
cause and a consequence of unequal power relations between women and men and
which limits the full advancement of women. To overcome inequality, the
convention requires states to implement gender equality policies and to empower
women. It is not about treating women as helpless victims but about making sure
they can rebuild their lives.

While the focus of the convention is on all forms of violence against women,
which includes domestic violence committed against women, the convention also
recognises that there are other victims of domestic violence, such as boys and
men. This may include gay men, transgender men or men that do not conform to
what society considers to constitute appropriate behaviour. States can choose
whether or not to apply the convention to these victims of domestic violence.
Applying a gender perspective to these groups of victims is equally important.

Many forms of discrimination, harmful practices and gender stereotypes are
the starting point for violent behaviour. For this reason, the convention
specifically tackles gender stereotypes in the areas of awareness-raising,
education, the media and the training of professionals. It also creates the
obligation to ensure that both protective and support measures as well as
investigations and judicial proceedings be based on a gendered understanding of
violence. The concept of gender is thus firmly embedded in the convention.

Migrant women, women asylum-seekers and women refugees

Migrant women, with or without documents, and women asylum-seekers are
particularly vulnerable to gender-based violence. Although their reasons for
leaving their country vary, as does their legal status, both groups are at
increased risk of violence and face similar difficulties in overcoming it. For
this reason, the convention prohibits discrimination on the grounds of migrant
or refugee status when it comes to implementing its provisions. It also requires
that measures be taken to prevent such violence and support victims while taking
into account the needs of vulnerable persons.

Moreover, the convention devotes an entire chapter to women migrants and
asylum-seekers facing gender-based violence. It contains a number of obligations
that aim at generating a gender-sensitive understanding of violence against
migrant women and women asylum-seekers. For example, it introduces the
possibility of granting migrant women, who are victims of domestic violence and
whose residence status depends on that of their spouse or partner, with their
own residence permit when the relationship ends. This allows a victim of
domestic violence to leave the relationship without loosing her residence
status. It also creates, for instance, the obligation to allow migrant victims
who left and then did not return to the country they migrated to because they
were forced into marriage in another country to regain their residence status.

Furthermore, the chapter includes provisions establishing the obligation to
recognise gender-based violence against women as a form of persecution within
the meaning of the 1951 Refugee Convention and contains the obligation to ensure
that a gender-sensitive interpretation be given when establishing refugee
status.

It is important to note that women seeking asylum have specific protection
concerns and worries that are different to those of men. In particular, women
may be fleeing gender-based violence but may be unable or unwilling to disclose
relevant information during a refugee determination process that does not
respect cultural sensitivities. Furthermore, unaccompanied women are often
exposed to sexual harassment and sexual exploitation and are unable to protect
themselves. In order to address the particular issues linked to women
asylum-seekers, the convention establishes the obligation to introduce
gender-sensitive procedures, guidelines and support services in the asylum
process. Introducing a gender perspective into procedures allows for differences
between women and men to be taken into account.

Another provision that is included in the convention reiterates the
obligation to respect a well established principle of asylum and of
international refugee protection, which is the principle of non-refoulement. The
convention establishes the obligation to ensure that victims of violence against
women, who are in need of protection, regardless of their status or residence,
are not returned to any country where their life would be at risk or where they
may be subjected to torture or inhuman or degrading treatment or punishment.

Non-governmental organisations (NGOs)

In many member states, the overwhelming majority of services for victims of
domestic violence, but also services for victims of sexual violence, stalking,
forced marriage and others, are run by non-governmental or civil society
organisations. These organisations have a long-standing tradition of providing
shelter, legal advice, medical and psychological counselling. They also run
hotlines and other essential services. However, many such services experience
funding insecurity and operate in small geographic areas only. In most
countries, the overall number of available services does not match the demand of
victims. Often, this is because the provision of services is not considered a
necessity, but a voluntary activity of NGOs.

For this reason, the convention recognises the work of NGOs and seeks to
ensure greater political and financial support for their work. It includes
provisions that oblige parties to encourage and support their work by tapping
into their expertise, involving them as partners in multi-agency co-operation
and supporting their awareness-raising efforts. This can help to enhance results
of measures taken to prevent and combat violence against women and domestic
violence. Supporting NGOs and civil society organisations means enabling them to
carry out their work in the best possible way, for example by setting up
co-operative structures between law enforcement agencies and shelters,
advertising NGO hotlines and services in government information material but
also ensuring relevant public and political support. The convention also
includes the obligation for parties to allocate appropriate financial and human
resources for activities carried out by non-governmental organisations and civil
society.

Finally, NGOs will also play a role in the monitoring of the implementation
of the convention. The group of experts in charge of the monitoring process may
receive information from NGOs on a party‘s implementation of the convention
which would complement the information provided by the party itself.

Children

Exposure to physical, sexual or psychological violence and abuse has a severe
impact on children. It breeds fear, causes trauma and adversely affects their
development. Violence against women and domestic violence in its direct or
indirect form can have harmful consequences for their health and lives. In the
case of domestic violence it is acknowledged that children do not need to be
directly affected by the violence to be considered victims as witnessing
domestic violence is just as traumatising.

The convention covers various forms of violence against women and domestic
violence. Victims of such violence are typically girls and women of all ages.
Boys and men, however, may also fall victim of certain types of violence that
fall within the scope of the convention, in particular domestic violence and
forced marriage. For this reason, states are encouraged to extend the
application of the measures set out in the convention to boys and men.

Furthermore, there are several provisions that deal explicitly with children.
They require states to do the following:

1) In the area of prevention:

1. conduct or promote awareness-raising campaigns on the different
manifestations of violence against women and domestic violence and their
consequences on children.

2. develop and promote, in co-operation with the private sector, skills among
children, parents and educators concerning how to deal with violent and harmful
content in the communications environment.